1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 28, 2012, the Plaintiff filed an application with the Seoul Central District Court for a seizure and collection order of KRW 80 million against the Defendant of the foreign exchange bank as the Seoul Central District Court Order 201 tea 42968 (hereinafter “instant payment order”) based on the executory order of the claim for damages (hereinafter “instant payment order”) against the Korea Exchange Bank (hereinafter “Korea Exchange Bank”). On August 30, 2012, the judicial assistant officer issued a seizure and collection order of KRW 20 million (hereinafter “instant seizure and collection order”), which cited the Plaintiff’s application on August 30, 2012, and the above seizure and collection order was served on the Defendant on September 4, 2012.

B. On the other hand, on July 8, 2011, the foreign exchange bank filed a lawsuit of demurrer against the Plaintiff as the court 201Kahap70089, which sought the denial of compulsory execution based on the instant payment order, and filed an application for the suspension of compulsory execution with the court 201Kala4744 on the same day. On July 14, 2011, the said court suspended the compulsory execution based on the original copy of the instant payment order until the said claim is declared final and conclusive (hereinafter “instant decision to suspend compulsory execution”).

C. Since then, on November 30, 2011, the above court rendered a ruling that "the plaintiff's compulsory execution based on the payment order of this case against the foreign exchange bank shall not be permitted, and the decision to suspend compulsory execution of this case shall be approved." The plaintiff appealed as Seoul High Court 2012Na6648, but the above appellate court rendered a ruling dismissing the plaintiff's appeal on April 18, 2012, and the appellate court rendered a ruling dismissing the plaintiff's appeal. Accordingly, the plaintiff re-appealed by the Supreme Court 2012Da47517, but the Supreme Court dismissed the plaintiff's appeal on August 23, 2012.